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102 examined, and he may be assisted by counsel in such examination, and also in the cross-examination of the witnesses in support of the prosecution.

Sec. 14. The magistrate while examining any witness, may in his discretion exclude from the place of examination all the other witnesses; he may also, if requested, or if he see cause, direct the witnesses for or against the prisoner, to be kept separate, so that they cannot converse with each other, until they shall have been examined.

Sec. 15. The testimony of the witnesses examined shall be reduced to writing by the magistrate, or under his direction, when he shall think it necessary, and shall be signed by the witnesses, if required by the magistrate.

Sec. 16. If it shall appear to the magistrate upon the whole examination that no offense has been committed, or that there is not probabile cause for charging the prisoner with the offense, he shall be discharged.

Sec. 17. Persons charged with an offense punishable with death shall not be admitted to bail when the proof is evident or the presumption great; nor any person charged with an offense punishable with death or imprisonment in the territorial prison for a term exceeding seven years, be admitted to bail by a justice of the peace; in all other cases, bail may be taken in such sum as in the opinion of the judge or magistrate will secure the appearance of the person charged with the offense at the court where such person is to be tried.

Sec. 18. If it shall appear that an offense has been committed, and that there is probable cause to believe the prisoner guilty, and if the offense be bailable by the magistrate, and the prisoner offer sufficient bail, or the amount of money in lieu thereof, it shall be taken and the prisoner discharged; but if no sufficient bail be offered, or the offense be not bailable by the magistrate, the prisoner shall be committed for trial.

Sec. 19. When the prisoner is admitted to bail, or committed by the magistrate, he shall also bind by recognizance such witnesses against the prisoner as he shall deem material, to appear and testify at the next court having cognizance of the offense, and in which the prisoner shall be held to answer.